Rolul și efectele documentului constatator în procedurile de achiziții publice
The legal role and effects of the ascertaining document in public procurement procedures

Summary/Abstract: Starting from the national regulation of the ascertaining document, the study analyses its conformity with the rules and principles established by the European directives on public procurement, as interpreted by the case-law of the Court of Justice of the European Union, highlighting the divergent elements from European law. Building on the European component of the legal regime of the ascertaining document, the study analyses the manner in which the qualification of the ascertaining document as an administrative act led to the distortion of its efficiency, by preventing the application of the self-cleaning mechanism. Recent amendments to this legal regime deepen this divergence, making it necessary to re-establish the legal regime of the ascertaining document that would connect to the principles enshrined in European public procurement law.

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